Adoption of a child by Single Male Hindu

In India, the concept of “Adoption” was present from the age of Ancient Hindu law. It was treated as “sacrament” in Shastras. During medieval age, adoption was governed by Mitakshara and Dayabhaga law of Schools and both laws held adoption in high estimation. In Mitakshara School, the adopted child was treated as   a biological child. In 1956, Hindu Maintenance and Adoption Act was enacted to provide a standardized and common Act as a law of Hindus which covered the adoption in detail and currently Hindus are governed by this Act regarding adoption. Let’s go through the requirements which a Single Male Hindu has to fulfill before taking a child in adoption.

Hindu Maintenance and Adoption Act, 1956.

As per section 6 of this act, an adoption is valid, if:

1. The person who wants to adopt has the capacity and right to adopt.
2. The person giving in adoption has the capacity to do so.
3. The child is one, who can be adopted.
4. Adoption meets all the conditions required by the act.

Based on the above general requirements, following are the conditions and criteria which a Single Hindu, Buddhist, Jain or Sikh Male has to fulfill before a valid adoption:

• As per Section 7 of the act, he must be of sound mind and not a minor (must have completed age of 18 years).
• As per Section 9, person giving the child in adoption must be a father, mother or guardian of the child. If both parents are alive and capable of giving adoption then, the consent of both is needed. Guardian can give the child in adoption with the permission of the court. Court will consider the welfare and wishes of the child as per the age and understanding of the child. A foster care home can be considered as a guardian as held by the Madras High Court in St. Thomas Mount Babies Home, Holy Apostles Convent, rep. by its secretary, St. Barbara, St. Thomas Mount, Madras- 16 (2006), 2 LW 808.
• As per Section 10, the child to be adopted must be a Hindu, has not been already adopted, has not been married, and has not completed the age of fifteen years. The restriction of age and marriage does not apply, if there is a custom or usage that a child who is more than 15 years or married can be adopted.

Other Conditions (Section 11):

• If the child to be adopted is a boy, then he (the person who wants to adopt) must not have a Hindu son. (Include adoptive son too).
• If the child to be adopted is a girl, then he (the person who wants to adopt) must not have a Hindu daughter. (Include adoptive daughter too).
• If the child to be adopted is a girl then he must be at least twenty one years older than the child to be adopted.
• The same child may not be adopted simultaneously by two or more persons.
• The child to be adopted must be actually given and taken in adoption. The physical act of giving and taking in is requisite as held in Senthilkumar vs. Dhandapani, (2004) 22 AIC 626 (Mad).

Juvenile Justice Act of 2000.

This Act allows both Hindus and Non- Hindus to adopt the child in India and confers the status of parent and child. Also there is no such condition that a person who has the existing son cannot adopt a boy or a person who has existing daughter cannot adopt a girl.  This act confers the right upon the adopted child too regarding property and other matters. This act covers the children upto the age of 18 years. In this act, a Hindu who cannot adopt the male child due to his existing son as per The Hindu Maintenance Adoption Act, 1956 can adopt a son. However, The Juvenile Justice Act does not lawfully prescribe a single male to adopt a female child.

Central Adoption Resource Agency (CARA) Guideline

In 2015, the Ministry of Women and Child Development issued the Central Adoption Resource Agency (CARA) Guideline. These guidelines were provided in furtherance of Juvenile Justice Act. As per these guidelines, a Hindu can even adopt a child who is more than the age of 15 years but less than 18 years. A Hindu living outside India can only adopt the child as per these guidelines. The age of prospective adoptive parents, as on the date of registration for the adoption, shall be counted for deciding the eligibility of prospective adoptive parents to apply for children of different age groups shall be as under:-

The minimum age difference between the child and either of the prospective adoptive parents shall not be less than twenty-five years. So, all this is the criteria for the adoption in India which need to be fulfilled. As a single male Hindu, you can adopt both male and girl child.